De Arakie v. De Arakie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order and judgment (one paper), Supreme Court, New York County (Diane A. Lebedeff, J.), entered July 1, 1992, which, inter alia, denied plaintiffs motion for a change of custody of the parties’ children, unanimously affirmed, without costs.
Permanent custody having been initially awarded to defendant mother (172 AD2d 398), a change should not be made except upon a showing that she is "unfit or perhaps less fit” to continue as custodian, making a change necessary in order to insure the welfare of the children (Obey v Degling, 37 NY2d 768, 770; David W. v Julia W., 158 AD2d 1; see also,…
2Cases cited7 opinions
- Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
- Obey v. DeglingNew York Court of Appeals · 1975
- David W. v. Julia W.Appellate Division of the Supreme Court of the State of New York · 1990
- Feldman v. FeldmanAppellate Division of the Supreme Court of the State of New York · 1974
- Rodolfo "CC" v. Susan "CC"Appellate Division of the Supreme Court of the State of New York · 1971
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3Cited by1 opinion
- Elizabeth T.L. v. Jeffrey C.L.Appellate Division of the Supreme Court of the State of New York · 2005